RulesNews

For months, the Administrative Rules Review Committee discussed changes to statutes throughout the Utah Code that assign criminal penalties for violating administrative rules. Today, H.B. 80 was publicly released. H.B. 80, sponsored by Rep. Ben Ferry, is the culmination of those discussions. The bill addresses many of the remaining statutes that were not dealt with in S.B. 138 (2007). A few statutes, like those that if changed could threaten primacy in federal programs, were excluded from the bill.

Information about H.B. 80 is available on the Legislature’s web site at http://le.utah.gov/~2008/htmdoc/hbillhtm/hb0080.htm.

The Administrative Rules Review Committee (ARRC) gave its unanimous endorsement to a substitute version of Rep. S. Clark’s “Impact of Administrative Rules on Small Businesses” bill. The substitute bill reflects discussions held during prior meetings of the ARRC, as sell as negotiations between state agencies and a representative from the Small Business Administration.

First Substitute H.B. 53 will require “a state agency to consider methods to minimize the impact of an agency’s proposed administrative rule if the agency reasonably expects the rule will have a measurable negative fiscal impact on small businesses.” The five methods identified in the bill are based on those developed and promoted by the Small Business Administration.

The bill was heard in the House Business and Labor standing committee and passed with a favorable recommendation. Information about First Substitute H.B. 53 is available at http://le.utah.gov/~2008/htmdoc/hbillhtm/hb0053s01.htm.

The Administrative Rules Reauthorization bill has been numbered as S.B. 43. Information about S.B. 43 is available on the Legislature’s web site at http://le.utah.gov/~2008/htmdoc/sbillhtm/sb0043.htm.

The Administrative Rules Review Committee has approved its “Administrative Rules Reauthorization” bill. This bill is required by Section 63-46a-11.5. The bill reauthorizes all administrative rules except:

• Rule R722-300 — Concealed Firearm Permit Rule — from Public Safety, Law Enforcement and Technical Services, Criminal Identification; and
• Rule R525-6 — Prohibited Items and Devices — from Human Services, Substance Abuse and Mental Health, State Hospital.

Questions about this bill or the reauthorization process may be directed to Ken Hansen, 801-538-3777.

Sen. Gene Davis has been appointed to the Legislature’s Administrative Rules Review Committee. He fills the seat left vacant by the death of Sen. Ed Mayne. Sen. Davis served in the House of Representatives from 1987 to 1999. He has served in the Senate since 1999, representing district 3. The Division welcomes Sen. Davis to Administrative Rules Review.